29 C.F.R. §825.302 - Employee notice requirements for foreseeable FMLA leave

Cite as29 C.F.R. §825.302
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
700 cases
  • Grosso v. UPMC & Biotronics, Inc., Civil Action No. 10-0075
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • 9 Marzo 2012
    ...Inc., No. 06-1120, 2006 WL 2547916, at *11 (E.D. Pa. July 7, 2006)). The fourth element is dispositive in the instant matter. Under 29 C.F.R. § 825.302, employees wishing to take FMLA qualified leave must provide adequate notice to their employers. Although the regulations state that advanc......
  • Dighello v. Thurston Foods, Inc., Civil Action No. 3:16–CV–1340 (CSH)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • 9 Mayo 2018
    ...2003) ).In its 2009 regulations, the United States Department of Labor addressed the required content of notice under the FMLA. See 29 C.F.R. §§ 825.302(c) ; 825.303(b). Under those regulations, if the illness is foreseeable, the employee must "provide at least verbal notice sufficient to m......
  • Dighello v. Thurston Foods, Inc.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • 9 Mayo 2018
    ...11 In its 2009 regulations, the United States Department of Labor addressed the required content of notice under the FMLA. See 29 C.F.R. §§ 825.302(c); 825.303(b). Under those regulations, if the illness is foreseeable, the employee must "provide at least verbal notice sufficient to make th......
  • Ortega v. San Juan Coal Co., Civ. No. 12-CV-0501 MV/RHS
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 3 Octubre 2013
    ...regulations implementing the FMLA, however, do establish notice requirements for both "foreseeable" and "unforeseeable" leave. See 29 C.F.R. §§ 825.302 and 825.303.8 Section 825.303, which applies to the unforeseeable leave applicable here, provides that[w]hen the approximate timing of the ......
  • Request a trial to view additional results
17 firm's commentaries
  • Relief in Sight? DOL Issues Final FMLA Regulations
    • United States
    • JD Supra United States
    • 25 Noviembre 2008
    ...DOL Preamble at 67,947. 4 29 C.F.R. §§ 825.115(a)(1)-(3). 5 29 C.F.R. § 825.300. 6 29 C.F.R. § 825.302(a). 7 29 C.F.R. § 825.302(b). 8 The DOL added examples of the type of information that may be provided, such as that the employee is pregnant or has been hospitalized overnight. 29 C.F.R. ......
  • Ninth Circuit Approves Employees' Right to Strategically Decline FMLA Leave In Escriba v. Foster Poultry Farms
    • United States
    • JD Supra United States
    • 23 Junio 2014
    ...further of the employee if it is necessary to have more information about whether FMLA leave is being sought by the employee . . ..” 29 C.F.R. § 825.302(c) (emphasis added). The court attached great significance to the foregoing underlined language, holding that the verbiage “strongly sugge......
  • Ninth Circuit Approves Employees’ Right to Strategically Decline FMLA Leave In Escriba v. Foster Poultry Farms
    • United States
    • LexBlog United States
    • 20 Junio 2014
    ...further of the employee if it is necessary to have more information about whether FMLA leave is being sought by the employee . . ..” 29 C.F.R. § 825.302(c) (emphasis added). The court attached great significance to the foregoing underlined language, holding that the verbiage “strongly sugge......
  • 2008 Final Regulations for the FMLA: A Summary
    • United States
    • LexBlog United States
    • 19 Noviembre 2008
    ...for unforeseeable leaves, it should be “practicable” for employees to request leave “either the same day or the next business day.” 29 CFR § 825.302(b). Employer’s Usual and Customary Procedures – Under the final regulations, when the need for leave is not foreseeable, an employee must comp......
  • Request a trial to view additional results
5 books & journal articles
  • Family and medical leave act
    • United States
    • James Publishing Practical Law Books Federal Employment Jury Instructions - Volume I
    • 30 Abril 2014
    ...within one or two business days of learning of the need for leave, or as soon as practicable after an unforeseen leave begins. 29 C.F.R. §§825.302(b), 825.303(a). To give adequate notice, an employee need not expressly state that FMLA leave is being sought. See 29 C.F.R. §825.302(c); Brohm ......
  • Family and medical leave act
    • United States
    • James Publishing Practical Law Books Texas Employment Law. Volume 1 Part V. Discrimination in employment
    • 5 Mayo 2018
    ...foreseeable and, if not ( e.g ., in the case of a medical emergency), such advance notice as is practicable. 29 U.S.C. §2612(e)(2); 29 C.F.R. §825.302(a); s ee also §25:6.A.1. The Act requires employees seeking intermittent or reduced schedule leave based on planned medical treatment to “ma......
  • Bargaining in the Shadow of Social Institutions: Competing Discourses and Social Change in Workplace Mobilization of Civil Rights
    • United States
    • Law & Society Review No. 39-1, March 2005
    • 1 Marzo 2005
    ...successfully with employers (see Harlan & Rob-ert 1998). The common patterns among these workers’ experiences1529 C.F.R. §§ 825.301, 825.302.24 Bargaining in the Shadow of Social suggest how control over information can affect the mobilizationprocess.Employers can also act as agents of tran......
  • Vol. 22, No. 2, 18. Recent Changes to Federal Employment Laws Will Affect Utah Companies: Examining the ADA Amendments and New FMLA Regulations.
    • United States
    • Utah Bar Journal No. 2009, January 2009
    • 1 Enero 2009
    ...not foreseeable, the employee must give notice "as soon as practicable," which in most cases means the same day or next business day. 29 C.F.R. §§ 825.302-.303 (2009). Medical Certification Process The FMLA requires that employees submit a medical certification when they take leave because ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT